Orissa Court May 1995 Judgments
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Biddika Haddi Vs. Sidika Batnalu
Court: Orissa
Decided on: May-15-1995
Reported in: AIR1996Ori79
P. Ray, J.1. The defendant-appellant has preferred this second appeal against the judgment and decree passed by the Additional District Judge, Jaypore affirming the judgment and decree passed by the learned Munsif, Gunupur in T.S. No. 29 of 1981.2. The relevant facts as appear from the pleadings of the parties are stated hereunder:a) Admittedly, one Suku Saura was the Barika of village Godibandha under the ex-Jaypore Estate and he was given the suit properties as Barik Service Inam land. He had two daughters, Laxmi and Biddika Hadi. Laxmi, the eldest daughter was married to one Kotowal Saura. Suku Saura kept the said son-in-law Kotowal Saura in his house. Biddika Hadi was married to one Bikia Kuru of village Karada. After the death of Suku Saura, Kotowal Saura was in exclusive possession of the suit property. With the abolition of Jaypore Estate in 1953 the Barika system was done away with. However, the suit land was settled with Kotowal by the authorities under the Orissa Estates Abol...
Smt. Shantilata Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-12-1995
Reported in: 1996ACJ649
P.C. Naik, J.1. By an award dated 16-12-1991 in Miscellaneous Case No. 61/140(C) of 1990/89, the Third Motor Accident Claims Tribunal, Balasore has awarded compensation in the sum of Rs. 45,000/- to the claimants/appellants. Being dis-satisfied with the quantum, the appellants have filed this appeal for enhancement of the compensation by a further sum of Rs. 55,000/-.2. The facts giving rise to this appeal ace that on 16-9-1989, one Denudhar Das was travelling as a pillion rider on the cycle of Ratnakar Das. When they were near the factory gate, a police van being registration No. OIC 5379 which was coming from the opposite direction being driven rashly and negligently dashed against the cycle. It resulted in fatal injuries to the cyclist and also the pillion rider. The ease of the claimants (the widow and minor daughters) is that Shri Benudhar, was working as a Supervisor, he was aged about 32 years and he was drawing a salary of Rs. 700/- per month. Accordingly, a compensation amount...
Puri Municipality Vs. Sradhamani Devi
Court: Orissa
Decided on: May-12-1995
Reported in: AIR1996Ori91
Pasayat, J. 1. The pivotal question involved in this appeal is whether learned subordinate Judge, Puri was justified in holding that in the circumstances of the case there was no necessity for notice under Section 349 of the Orissa Municipal Act, 1950 (in short, the 'Act'), by reversing the contrary conclusion of learned Addl. Munsif, Puri. 2. A brief reference to the factual aspect is necessary because other conclusions essentially relate to facts with no perversity attached to it, and cannot be gone into this appeal. Plaintiff (respondent herein) filed the suit in respect of 15 square liaks of land relating to plot No. 1190, under Khata no. 111 in mouza Kundheibentasahi of Puri town. Plot Nos. 1191, 1184 and 1183 are adjoining plots of plot No. 1190, and plot No. 1193 is to its adjoining North. Nor ancestors-in-interest were the owners in possession of these plots, and plot No. 1193 measuring Ac. 0.020 decimals was sold to one Nagendra Nath Mukhopadhyaya by her grand-father Jagannath...
Orissa Mining Corporation Limited Vs. Klockner and Company and ors.
Court: Orissa
Decided on: May-12-1995
Reported in: AIR1996Ori16
1. Orissa Mining Corporation Limited, a Company incoropratcd under the Companies Act, 1956 has filed this appeal challenging the order/decree of the Civil Judge (Senior Division), Bhubaneswar dated 26-3-1994 in Misc. Case No. 75 of 1993 rejecting the plaint in Title Suit No. 231 of 1992-] under Order 7, Rule 11(a) and (d) of the Code of Civil Procedure (C.P.C.). The Misc. Case was registered on the application filed by defendant No. 1 M/s. Klockner and Compny, a Company registered under the Laws of the Federal Republic of Germany under Order 7, Rule 11 of C.P.C.2. Orissa Mining Corporation Limited filed Title Suit No. 231 of 1992 against Klockner & Company International Chamber of Commerce and the State of Orissa, represented through its Chief Secretary seeking the following relief:'(A) A decree for declaration that document dated 20-4-1982 nomenclatured 'Marketing Agreement' is not an agreement/ contract enforceable under law and that plaintiff has no liability under the said document...
Divisional Manager, New India Assurance Co. Ltd. Vs. Jasoda Singh Bhad ...
Court: Orissa
Decided on: May-12-1995
Reported in: I(1996)ACC548; 1997ACJ442; (1997)IIILLJ461Ori
A. Pasayat, J.1. New India Assurance Company Limited (hereinafter referred to as the 'insurer') challenges in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short, the 'Act') the award made by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack (hereinafter referred to as the 'Commissioner') adjudicating a claim made by Respondents 1 to 3 (hereinafter referred to as the 'claimants'). The claim was made before the Commissioner on the ground that Madan Singh Bhadoria (hereinafter referred to as the 'deceased') was driver of the truck bearing registration No. ORR 1764 belonging to Mahabir Prasad Agarwalla (hereinafter referred to as the 'owner'). Due to an accident on June 6, 1990 where the said vehicle was involved deceased lost his life while discharging his duties as a driver and the accident occurred in course of his employment. Age of the deceased was stated to be 28 years and the monthly wages to be Rs. 1000/-. The owner a...
Executive Officer, Notified Area Council and anr. Vs. PrabIn Kumar Moh ...
Court: Orissa
Decided on: May-12-1995
Reported in: 1995(II)OLR66
A. Pasayat, J.1. The respondents suit for injunction in respect of allotment of a room, and for payment of compensation by way of damages having been accepted so far as the prayer relating to injunction is concerned, this appeal under Section 100 of the Code of Civil Procedure, 1908 (in short, the 'Code') has been filed.2. Factual position essentially is not disputed. Filtering out unnecessary details, it is to the following effect.Plaintiffs version is that they are partners of a registered partnership firm styled M/s. Orissa Cloth Store, Bhadrak Notified Area Council (hereinafter referred to as the 'Council') started construction of six rooms in front of the Lokanath Temple within the Notified Area. It was completed in March, 1978, and was available to be let out. Plaintiffs applied for taking one of the rooms on rent, and en order of allotment relating to room No. 1 was issued with a direction to deposit Rs. 1,000/- as security and a further sum of Rs. 1,000/- as advance, with furth...
Shyam Kumar Meher Vs. Collector, Bargarh and ors.
Court: Orissa
Decided on: May-10-1995
Reported in: AIR1996Ori28
Pasayat, J.1. Petitioner assails the notice for holding a meeting to move a resolution of no confidence relating to his continuance as Sarpanch of Bijepur Grama Panchayat In the district of Bargarh. According to him, such notice is invalid in view of provisions contained in Clause (b) of Sub-section (3) of Section 24 of the Orissa Gram Panchayat Act, 1964 (in short, the 'Act').2. A brief reference to the factual aspect is necessary for dealing with the question. Petitioner was elected as Sarpanch of the aforesaid Grama Panchayat in the year 1992. On 3-10-1994 a notice was issued by the Sub-Divisional Officer, Padampur fixing the date, time and place of meeting to move a motion ofno confidence against the petitioner on the basis of a requisition received from some ward members to convene such meeting. In the notice, date of meeting was fixed to 21-10-1994. Since the ward members were absent, the meeting stood annulled in view of Clause (i) of Sub-section (2) of Section 24 of the Act. Su...
Saras Kumar Mohanty Seeking Release of Kunumunia Alias Sisir Mohanty V ...
Court: Orissa
Decided on: May-09-1995
Reported in: 1996CriLJ1017; 1995(II)OLR162
A. Pasayt, J. 1. The order of detention dated 6th September. 1994, which is challenged in this Habeas Corpus writ application, has been passed by the District Magistrate, Cuttack. in exercise of powers conferred by Sub-section (2) of Section 3 of the National Security Act. 1980 (in short'the Act')'with a view to prevent Kunumunia alias Sisir Mohanty (hereinafter referred to as 'detenu') from acting in any manner prejudicial to the maintenance of public order. Aforesaid detenu was directed to be interned in the Circle Jail, Choudwar in pursuance of the said mittimus. Order of detention is Annexure-1 to the writ application. The application has been filed by the younger brother of the detenu.2. Two points essentially have been urged in support of . this writ application. First it is submitted that the detenu was in judicial custody and without any satisfaction being reached -that the detenu was likely to be released on bail or to be ordered for release, the order of detention has been pa...
Kumudini Das and ors. Vs. Rajat Kumar Baliar Singh and anr.
Court: Orissa
Decided on: May-08-1995
Reported in: 1996ACJ1182; AIR1996Ori32
1. In Misc. case No. 536 of 1987, the Second Motor Accident Claims Tribunal, Cuttack, passed an award on 30-11-1992 in the sum of Rs, 50,000/- in favour of the claimants and against the non-applicants. Being dissatisfied with the quantum awarded, the claimants have filed this appeal for enhancement of compensation.2. The claimant Nos. 1 and 2 are the parents and claimant Nos. 3, 4 and 5 are sisters of deceased Srutikanta Das who was fatally injured in a vehicular accident on 4-6-1987. Srutikanta Das was aged about 22 years old and was working as an Assistant in a Private. Firm namely, Cuttack Roadways and was drawing a monthly salary of Rs. 1200/-.3. The case of the claimants is that while Srutikanta Das was walking down the Cut-tack-Paradeep Road he was hit by an open door of a passenger bus bearing Registration No. CXX 2707, as a result of which he was knocked down and fatally injured. According to the claimant the fatal, injuries were caused to Srutikanta Das due to rashness and neg...
Chandra Naik Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-1995
Reported in: 1995(II)OLR46
G.B. Patnaik, A.C.J.1. The Notification issued by the State Government in exercise of power under Section 123 of the Orissa Co-operative Societies Act (hereinafter referred to as the 'Act') dated 26th October, 1991, exempting the Orissa State Co-operative Spinning Mills Federation Limited from the provisions of Sub-section (3) of Section 31 of the Act and directing that the provision of Sub-section (1) of Section 28-A of the Act shall apply to the aforesaid Federation with the modification as specified in the said Notification, is being challenged in this writ application. In view of the aforesaid Notification, the Chairman of the Board of the Federation is nominated by the State Government, The petitioner's case in nut-shell is that the aforesaid Notification in purported exercise of power under Section 123 of the Act is a mala fide exercise of power and is contrary to the very object of the Act and, therefore, should be struck down. It is alleged that by such notification, the featur...
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